Can a guardian be appointed without a court order?
In Colorado, Guardianship Law allows for a guardian to be appointed without a court order. This is referred to as voluntary or informal guardianship. A voluntary guardian is usually appointed when an adult with disabilities wants to appoint someone else to manage their affairs. For example, this could involve managing finances, overseeing medical care, and making decisions on their behalf. The person wishing to be appointed must be 18 years or older and have the capacity to agree to the guardianship. This agreement must be in writing and must include the name and address of the guardian. After the agreement is signed, the guardian is legally responsible for the ward (the person being appointed). However, the court may still have to approve the guardianship in certain situations. Additionally, the guardian may have to provide a Guardian Bond, which is an agreement between the guardian and the court to guarantee that the guardian will obey the law as it relates to the ward. This bond protects the ward and their property and ensures that the guardian will perform their duties in accordance with the law. It is important to note that voluntary guardianship is not the same as court-ordered guardianship. In a court-ordered guardianship, a judge will make a decision on who should be appointed as guardian and will supervise the proceedings. Therefore, if you are considering a guardianship for a loved one, you should talk to an attorney to determine the best option for your situation.
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